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SOUTH DOWN LIQUORS v. HAYES

No. 178, September Term, 1989.

80 Md. App. 464 (1989)

564 A.2d 119

SOUTH DOWN LIQUORS, INC. v. ROY D. HAYES, JR.

Court of Special Appeals of Maryland.

Certiorari Granted January 12, 1990.

Attorney(s) appearing for the Case

T. Michael Preston (Anderson, Coe & King, on brief), Baltimore, for appellant.

H. Robert Scherr (Scherr, Cole & Murphy, on brief), Pikesville, for appellee.

Submitted before WILNER and ROSALYN B. BELL, JJ., and JAMES S. GETTY, Associate Judge of the Court of Special Appeals (retired, specially assigned).

WILNER, Judge.

This appeal presents a single narrow question: where an employer/insurer has paid workers' compensation benefits to an injured employee and the employee, pursuant to Md. Ann. Code art. 101, § 58, thereafter sues the party who caused the injury, can that third party compel the employer/insurer to join the action as a co-plaintiff on the ground that the employer/insurer is a "real party in interest"? Our answer is "no."

The facts here are...

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